Dewitt v. Bissell
Supreme Court of Connecticut
Action to restrain the defendant from drawing off the water of a lake or pond during the summer season, thereby creating an alleged nuisance affecting the health of the plaintiff and the value of her premises, brought to the Superior Court in Litchfield County and tried to the court, Elmer, J.; facts found and judgment rendered for the plaintiff, and appeal by the defendant.
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Action to restrain the defendant from drawing off the water of a lake or pond during the summer season, thereby creating an alleged nuisance affecting the health of the plaintiff and the value of her premises, brought to the Superior Court in Litchfield County and tried to the court, Elmer, J.; facts found and judgment rendered for the plaintiff, and appeal by the defendant. The complaint alleges the following facts: On July 15th, 1897, the plaintiff was and ever since has been the owner of a piece of land adjoining and bordering upon the east shore of Long Pond, on which piece of land is a…
1Opinion of the CourtHamersley, J.
It is alleged by the defendant and admitted by the plaintiff, that the defendant is and for more than twenty years last past has been the owner of the dam, which is found to have existed for nearly a hundred years, and to have been used by its owners for the purpose of storing water to the full capacity of the dam and drawing off the water thus stored as occasion required. It is also found that during the years mentioned in the complaint the defendant has, from July 15th to October 1st, substantially drawn off all the water stored for use by the dam, i. e., to the depth of about four feet at…
2Cases cited2 opinions
- Holyoke Co. v. LymanSupreme Court of the United States · 1873
- Bierce v. Sharon Electric Light Co.Supreme Court of Connecticut · 1900
3Cited by8 opinions
- Gager v. CarlsonSupreme Court of Connecticut · 1959
- Labbadia v. BaileySupreme Court of Connecticut · 1964
- Ace Equipment Sales, Inc. v. BuccinoSupreme Court of Connecticut · 2005
- Royce v. HeneageSupreme Court of Connecticut · 1976
- Labbadia v. BaileySupreme Court of Connecticut · 1959
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